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Real Estate
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April 11, 2025
Adler & Stachenfeld Hires Ex-Developer Counsel As Partner
New York real estate firm Adler & Stachenfeld LLP announced Friday that commercial real estate attorney Ryan McCaffrey will join the firm as a partner after most recently serving as in-house counsel for a developer for more than a decade.
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April 11, 2025
Landlords Look To Exit DOJ's RealPage Antitrust Case
The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.
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April 11, 2025
Texas Justices Uphold City's Wastewater Release Permit
A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.
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April 11, 2025
Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
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April 11, 2025
Judge Won't Exit Broker Fee Case Over Donations To Wife
A Missouri federal judge said a real estate firm's bid to boot him from a class action over commission fees may have been driven more by litigation strategy than ethical concerns over campaign contributions made by opposing counsel to his wife, a Kansas City councilwoman.
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April 11, 2025
Buchalter Hires Ex-Axiom Advice & Counsel Managing Partner
Buchalter PC announced Friday the hiring of a former managing partner from Arizona law firm Axiom Advice & Counsel as a shareholder for Buchalter's real estate practice group in Scottsdale.
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April 11, 2025
Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax
The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.
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April 11, 2025
Developer, Hedge Fund Settle Colo. Housing Project Dispute
A Colorado state judge permanently dismissed a real estate developer's suit alleging a hedge fund owner owed hundreds of thousands of dollars related to a Denver commercial housing project and misused grant funds, after the parties reached a settlement.
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April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
Receiver Sought For Denver Work Space After $60M Default
A trustee is seeking to place a Denver coworking space in receivership after its owner defaulted on a $60 million loan and failed to pay operating expenses and a property manager, according to a filing in Colorado state court.
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April 10, 2025
Groups Urge Protections For Native Monuments Amid Threats
The National Congress of American Indians is urging U.S. House members and the Trump administration to refrain from weakening protections on national monuments, saying recent executive orders and funding freezes threaten the inherent rights of Indigenous nations to steward and protect their ancestral lands for future generations.
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April 10, 2025
Arbitration Stands In La. Condo's Hurricane Damage Case
A Louisiana federal judge has refused to reconsider his order compelling arbitration of a $4.9 million insurance claim over Hurricane Ida damage to a New Orleans condominium complex in light of new guidance from the state's top court.
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April 10, 2025
Whole Foods Sues CBL, Transformco Over Asbestos In Store
Whole Foods Market Group Inc. is suing entities connected to real estate investment trust CBL Properties and retail company Transformco for more than $1 million, alleging that the companies are liable for an "ill-fated and injurious" redevelopment project that created asbestos in a North Carolina Whole Foods store.
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April 10, 2025
Alaska Asks DC Judge To Halt Tribe's Gaming Hall
The state of Alaska is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the state challenges federal authorization for the facility, arguing that intervention is needed to preserve "the status quo that has existed in Alaska for more than 30 years."
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April 10, 2025
Conn. Justices Seem Open To Redo Of Atty's Scam Damages
Justices of the Connecticut Supreme Court appeared sympathetic Thursday to an attorney's argument that they should boost the damages he won against scammers in an identity theft case, and asked probing questions about how the $450,000 award was calculated, then recalculated, in two lower courts.
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April 10, 2025
Ready Capital Brass Face Suit Over Real Estate Loan Losses
Executives and directors of real estate finance company Ready Capital Corp. were hit with a shareholder derivative suit alleging they failed to disclose that the company's nonperforming commercial real estate loans were damaging its bottom line and would force it to take "aggressive action" to preserve its finances.
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April 10, 2025
NJ Panel Tosses Mall Owner's Bid To Spike Mixed-Use Project
A New Jersey appeals panel rejected a Newark shopping center owner's attempt to compel a builder to construct a parking garage instead of a mixed-use project on an adjacent property by citing a 2004 city plan.
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April 10, 2025
Del. Justices Urged To Revive Gellert Seitz Malpractice Case
A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.
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April 10, 2025
Rocket Mortgage Says Feds Can't Scuttle Appraisal Suit
Rocket Mortgage LLC is fighting back against the U.S. Department of Housing and Urban Development's bid to dismiss the mortgage lender's suit, arguing in Colorado federal court that HUD is unlawfully forcing the company to change a residential appraisal that was allegedly discriminatory.
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April 10, 2025
Sidley Snaps Up Cadwalader Real Estate Finance Team
Sidley Austin LLP recruited a team of real estate finance attorneys from Cadwalader Wickersham & Taft LLP, including the co-head of the firm's real estate financing group and three other partners, Law360 Real Estate Authority has learned.
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April 10, 2025
Blackstone Bolsters Warehouse Portfolio In $718M Texas Buy
Blackstone on Thursday announced it has agreed to buy a 6 million-square-foot portfolio of warehouse buildings in Dallas and Houston from Crow Holdings for $718 million in a bet on logistics during a time of market upheaval.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Tribe Warns High Court Of Dire Impact If Land Trust Bid Fails
A Michigan tribe seeking to undo an order denying its bid to compel the federal government to take 73 acres into trust for a casino venture outside of Detroit says a Supreme Court rejection of its petition will have disastrous consequences for its members and other similarly situated tribes.
Expert Analysis
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Conservation Easement Cases Weave Web Of Uncertainty
Much of the IRS and Justice Department’s recent success in prosecuting syndicated conservation easement cases can be attributed to the government’s focus on the so-called PropCo ratio, which could indicate treacherous waters ahead for participants and their advisers, even under the incoming Trump administration, say attorneys at Polsinelli.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.